1947-HKRS29-8-14_Part04 — Page 10

8

SECOND SCHEDULE.

THIRD SCHEDULE.

TRADE MARKS ORDINANCE, 1909.

Form No.

30,

Application

to rectify or TENIOVE A

trada mark from the Hegister.

Further paracadura.

Intervention by whird parties.

1. These Rules may be cited na the Trade Marks (Amend- meat) Hules, 1947.

2. The Trade Marks Rules, 1910, are boroby amended by the addition after Rule 76 of the fallowing heading and Rules:-

Application under section 34.

76A. An application under section 35 as re-enacted by the Trade Marks (Re-construction) Ordinance, 1947, shall be made im Farm No. 20 appearing in the Third Schedule to suck lastly mentioned Ordinance and shall he accompanied by a statement setting out fully the nature of the applicant's interest the facts upon which he bases his case and the relief which he seaks. Where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accompanied by an unstamped copy of the application and a copy of the state- ment, and these copies will be transmitted forthwith by the Registrar to the registered proprietor.

768. Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of Rules 35 to 43 shall apply mutatia umetandis to the further proceedings thereon; but the Registrar shall not rectify the Register or remove the trade mark from the Register merely because the registered propriotor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.

76c. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on Form No. 20 may apply to the Eegistrar on Form No. 21 appearing in the Third Schedule to the Trade Marks (Re-coustraction) Ordinance, 1947, for leave to intervene, stating thereon the nature of bis interest, and the Registrar may refuse or grant auch leave, altering (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the application for leave to intervene the Registrar may require the applicant to give an undertaking to pay aunb costa as in the circumstances he may award to any parly.

FORM NO. 20.

A

APPLICATION TO THE REGISTRAR FOR THE RECTIFICATION OF THE REGISTER DE THE REMOVAL OF A TRADE MARK

*RO THE Reaisern.

(To be accompanied by an unstamped copy and a Statement of Case in duplicate).

I/We (a)

IN THE MATTER OF Trade

Mark No.

in the name of

in Claas

„Jagistared

་** ་ས ་

(a) Haru

late Full

Adres

K

boreby apply that the entry in the Register in respect of the

above-mentioned trade mark may be removed (b) rectised in the (5) Delete following manner

The grounds of my/our application are as follows:-

No action concerning the trade mark in question is pouding

in the Court.

DATED this

day of

10

word Te

wond

прев

mpulan bla.

TO: The Registrar of Trade Marks,

HONG KONG.

(Signature)